senate Bill S4335A

2021-2022 Legislative Session

Relates to the remote conduct of witnessing health care proxies

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 committed to rules
May 24, 2021 amended on third reading 4335a
Mar 11, 2021 advanced to third reading
Mar 10, 2021 2nd report cal.
Mar 09, 2021 1st report cal.544
Feb 03, 2021 referred to health

Votes

view votes

Mar 9, 2021 - Health committee Vote

S4335
11
0
committee
11
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S4335 - Details

See Assembly Version of this Bill:
A4591
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd §2981, Pub Health L

S4335 - Summary

Provides for the remote witnessing of health care proxies utilizing audio-video technology or telephone.

S4335 - Sponsor Memo

S4335 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4335
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to providing for  the
   remote conduct of witnessing health care proxies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2981 of the public health law is amended by  adding
 a new subdivision 2-a to read as follows:
   2-A.  ALTERNATE  PROCEDURE  FOR WITNESSING OF HEALTH CARE PROXIES. (A)
 NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,  WITNESS-
 ING PURSUANT TO THIS SECTION MAY BE MADE UTILIZING AUDIO-VIDEO TECHNOLO-
 GY PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET:
   (I)  THE  PRINCIPAL,  IF  NOT  PERSONALLY  KNOWN  TO  THE  WITNESS  OR
 WITNESSES, SHALL PRESENT VALID PHOTO IDENTIFICATION TO  THE  WITNESS  OR
 WITNESSES DURING THE AUDIO-VIDEO CONFERENCE;
   (II)  THE  AUDIO-VIDEO  CONFERENCE  SHALL ALLOW FOR DIRECT INTERACTION
 BETWEEN THE PRINCIPAL AND THE WITNESS OR WITNESSES;
   (III) THE WITNESS OR WITNESSES SHALL RECEIVE A  LEGIBLE  COPY  OF  THE
 SIGNATURE  PAGE,  OR  PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELEC-
 TRONIC MEANS, WITHIN TWENTY-FOUR HOURS OF SUCH PAGES BEING SIGNED BY THE
 PRINCIPAL DURING THE AUDIO-VIDEO CONFERENCE; AND
   (IV) THE WITNESS OR WITNESSES SHALL SIGN THE TRANSMITTED COPY  OF  THE
 SIGNATURE PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE PRINCIPAL.
   (B)  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IF
 A PRINCIPAL UTILIZES AUDIO-VIDEO TECHNOLOGY TO  APPOINT  A  HEALTH  CARE
 AGENT BY A HEALTH CARE PROXY PURSUANT TO THIS SUBDIVISION, SUCH APPOINT-
 MENT SHALL ONLY REQUIRE ONE ADULT WITNESS; PROVIDED HOWEVER, A PRINCIPAL
 WHO  RESIDES  IN A FACILITY OPERATED OR LICENSED BY THE OFFICE OF MENTAL
 HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES,  SHALL
 BE  REQUIRED  TO  HAVE  TWO ADULT WITNESSES IN ORDER TO APPOINT A HEALTH
 CARE AGENT BY A HEALTH CARE PROXY UTILIZING AUDIO-VIDEO TECHNOLOGY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S4335A (ACTIVE) - Details

See Assembly Version of this Bill:
A4591
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd §2981, Pub Health L

S4335A (ACTIVE) - Summary

Provides for the remote witnessing of health care proxies utilizing audio-video technology or telephone.

S4335A (ACTIVE) - Sponsor Memo

S4335A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4335--A
     Cal. No. 544
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly from said committee, ordered to first and second  report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading

 AN  ACT to amend the public health law, in relation to providing for the
   remote conduct of witnessing health care proxies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2981 of the public health law is amended by adding
 a new subdivision 2-a to read as follows:
   2-A. ALTERNATE  PROCEDURE  FOR  WITNESSING  OF  HEALTH  CARE  PROXIES.
 WITNESSING  A  HEALTH  CARE  PROXY  UNDER THIS SECTION MAY BE DONE USING
 AUDIO-VIDEO TECHNOLOGY, FOR EITHER OR BOTH WITNESSES, PROVIDED THAT  THE
 FOLLOWING  CONDITIONS  ARE  MET  (AS  USED  IN THIS SUBDIVISION, "REMOTE
 WITNESS" MEANS A WITNESS ACTING USING AUDIO-VISUAL TECHNOLOGY):
   (A) THE PRINCIPAL, IF NOT PERSONALLY KNOWN TO A REMOTE WITNESS,  SHALL
 DISPLAY  VALID  PHOTOGRAPHIC IDENTIFICATION TO THE REMOTE WITNESS DURING
 THE AUDIO-VIDEO CONFERENCE;
   (B) THE AUDIO-VIDEO CONFERENCE  SHALL  ALLOW  FOR  DIRECT  INTERACTION
 BETWEEN THE PRINCIPAL AND ANY REMOTE WITNESS;
   (C) ANY REMOTE WITNESS SHALL RECEIVE A LEGIBLE COPY OF THE HEALTH CARE
 PROXY,  WHICH  SHALL  BE  TRANSMITTED VIA FACSIMILE OR ELECTRONIC MEANS,
 WITHIN TWENTY-FOUR HOURS OF THE PROXY  BEING  SIGNED  BY  THE  PRINCIPAL
 DURING THE AUDIO-VIDEO CONFERENCE; AND
   (D)  THE  REMOTE WITNESS SHALL SIGN THE TRANSMITTED COPY OF THE PROXY,
 AND TRANSMIT IT BACK TO THE PRINCIPAL.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08077-04-1

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